Judicial Review BVA (010): The 35-Day Deadline and the Webform-Only Rule (2026)

Once the Administrative Appeals Tribunal (AAT) upholds a refusal, a fresh Bridging visa A (subclass 010) does not appear on its own — you have to lodge it, and if you have applied for judicial review, the webform is the only channel the Department will accept. According to the Department of Home Affairs Bridging visa A (BVA) (Subclass 010) page (as of the August 2026 version of the official page), a separate BVA application "may be necessary where … you have applied for judicial review", and, in its words, "if you have applied for judicial review you can only apply for a bridging visa by webform."

When does a tribunal decision force a fresh BVA application?

The BVA that came with your substantive visa application is built to run only until that application is finally determined. A merits review outcome is one of the events that starts a cessation clock, so the visa you are holding after the AAT decision is a visa on a timer, not a visa that carries you into the court stage automatically.

The Department states this plainly in its judicial review note: if a merits review tribunal upholds the refusal of your substantive visa application and you apply for judicial review, you need to apply for a bridging visa to maintain lawful status during the proceedings. The application is not a formality you can defer — the same page also advises lodging early so there is enough time for the bridging visa to be processed.

What runs for 35 days, and what runs for 28 days?

Two different clocks matter here, and mixing them up is the most common drafting error in a judicial review file.

Event (BVA granted on or after 19 November 2016)	When the BVA ceases
The refusal decision, or an AAT decision on the associated substantive visa application	35 calendar days after
A determination that the substantive application or the AAT review application is invalid	35 calendar days after
You withdraw the substantive application or the AAT review application	35 calendar days after
A judicial review body upholds the decision to refuse the substantive visa	28 calendar days after
You withdraw a related judicial review application	28 calendar days after

For a BVA granted before 19 November 2016, the official page sets 28 days across its listed events, which include the tribunal notifying you that it upheld the refusal, the tribunal notifying you it has no jurisdiction, and withdrawal of a merits or judicial review application. Because the exact cease date is calculated from notification and from the grant date of your BVA, the Department directs holders to VEVO to see precisely how long they can remain.

Separately, 35 days also appears in the Migration Regulations 1994 material and the PAM3 guidance as the statutory window for lodging the judicial review application itself after the AAT decision, with a late filing listed among the grounds for refusing a BVA under clause 010.211(3). That figure and its current application should be checked against the Department's latest published pages, which govern the cessation rules above.

Must you hold a BVA or BVB at the moment you file for judicial review?

Yes — this is the precondition that catches applicants who let their bridging visa lapse during the AAT stage. Clause 010.211(3) of the Migration Regulations 1994, as set out in the Regulations and PAM3 material, requires that the substantive visa application was made in Australia and refused, that the applicant or the Minister applied for judicial review within the statutory time limit, that the applicant holds a BVA or BVB, and that the judicial review is not yet complete.

PAM3 lists two related refusal grounds side by side: the judicial review application was filed outside the 35-day limit, and the applicant was not holding a BVA or BVB when the judicial review was applied for. In practice the two are linked, because the bridging visa that keeps you lawful through the AAT stage is also the visa you must be holding when you move to the court.

This article describes published rules only and is not advice on any individual case; how clause 010.211 applies depends on the facts and on the current official wording, and outcomes cannot be predicted from it.

Why is webform the only channel, and what does it lock in?

The Department sets the lodgment channel by how you applied for the substantive visa and by whether you have applied for review. Its step-by-step page says you must apply for the BVA the same way you applied for the substantive visa — ImmiAccount for online, webform for paper — but then states the review rule as a distinct branch: "If you have applied for a review of a decision about your substantive visa application, you must submit your BVA application by webform," using Form 1005.

The webform route has consequences that matter at the filing stage:

Everything must be attached before submission. Documents cannot be added after a webform application is lodged, unlike an ImmiAccount application where missing documents can be attached later.
You (and anyone included) must be in Australia both when the application is submitted and when it is decided.
There is no processing-time feedback. The Department states it does not give updates on application processing times; applicants wait to be contacted.
The visa is free to apply for, but a refusal notice will state the reason and whether review rights apply.

What conditions will a judicial-review BVA carry?

Expect the restrictions of the previous bridging visa to follow you, and expect the work-rights door to be closed. The official page states you cannot be granted a new BVA that lets you work if your current BVA prevents or restricts work and that BVA was granted to you because you applied for judicial review of the substantive visa decision. The same carve-out applies to protection visa applicants.

That carve-out cancels the usual financial-hardship path: you can generally apply for another BVA without work restrictions by demonstrating financial hardship, but where the judicial review carve-out applies, the Department says you cannot be granted a work-permitting BVA. The Regulations and PAM3 material add detail on condition-setting under clause 010.611, including the 8101 no-work condition for protection visa applicants who qualify through the judicial review limb where that condition applied to their previous visa.

What else ends the BVA during proceedings?

A BVA ends immediately if you leave Australia while it is in effect, if you are granted the substantive visa you applied for, if you are granted another bridging visa such as a BVB in relation to the same substantive application, or if the Department cancels the BVA or the substantive visa you held when the BVA was granted. A BVA cannot be extended — staying longer requires applying for a new visa.

Travel is the sharpest edge. The BVA does not support return travel, and an in-effect BVA ceases on departure, so a BVB must be granted before you leave if you intend to come back while the substantive application is still on foot.

Family members included in your substantive visa application can be included in a separate BVA application, but each member of the family unit is assessed separately and may be granted a different bridging visa, so their cease dates and conditions will not necessarily match yours.

Frequently Asked Questions

Is a new BVA granted automatically when I start judicial review?

No. The Department lists "you have applied for judicial review" as one of the situations in which a separate BVA application may be necessary, and states that applying for review means the application must come by webform. Lawful status during the proceedings depends on that application being lodged and granted.

How long do I have after the AAT affirms the refusal?

For a BVA granted on or after 19 November 2016, it ceases 35 calendar days after the AAT decision on the associated substantive visa application. The Department directs holders to VEVO to see the exact date that applies to their own visa.

Can I still use ImmiAccount if my substantive visa was lodged online?

The Department's general rule is to apply the same way you applied for the substantive visa, but its review rule is stated separately: once you have applied for review of a decision on that application, the BVA application must be submitted by webform using Form 1005.

Can I get work rights on a BVA granted for judicial review?

Not where your current BVA prevents or restricts work and was granted because you applied for judicial review. The Department states a work-permitting BVA cannot be granted in that situation, even though financial hardship is otherwise the usual route to removing work restrictions.

What happens if I leave Australia while the BVA is in effect?

The visa ceases on departure and cannot be used to return. To travel and come back while the substantive application is being processed, a BVB must be granted before you leave.

Does it cost anything to apply?

The Department lists the cost of a Bridging visa A as free, but the conditions attached and the timing of the grant are what determine whether it actually keeps you lawful through the proceedings.